Among the state legislators are Reps. Dale Mallory, D-Cincinnati, and Ron Maag, R-Lebanon, who
are pushing legislation to ban or sharply restrict camera use in the state.

The American Civil Liberties Union of Ohio and the 1851 Center for Constitutional Law filed
legal briefs this week urging the state’s high court to rule in favor of a motorist who said the
city of Toledo usurped the judicial system and violated his constitutional right to due
process.

The brief filed by the 1851 Center is joined by 29 legislators, who say traffic-enforcement
systems, in which administrative hearings are used to hear appeals by ticketed motorists, attempt
to “circumvent and thwart” the powers of the state legislature as well as the courts.

“The city of Toledo’s automated traffic-camera ordinance attempts to exact property from Ohio
drivers through administrative-hearing officers, without access to an elected and accountable judge
or a judge authorized by the state’s duly elected and accountable legislators,” the legal brief
states.

Andrew Mayle, a Fremont attorney representing the driver in the Toledo case, said: “It makes
sense that legislators would intervene and try to defend their own constitutional powers.”

Columbus, Cleveland and Dayton are among Ohio cities using cameras for traffic enforcement that
have filed briefs in support of Toledo. The Ohio Municipal League stated that the case could affect
“every Ohioan who drives or owns a vehicle.”

Briefs from the cities argue that Ohio law allows them to administratively handle matters such
as zoning issues, and that forcing them into courts would be costly and clog the judiciary. The
cities are backed by companies that operate the traffic cameras in return for a portion of the
revenue.

Supporters say cameras assist the reach of police and make communities safer. Opponents charge
that they violate rights and are meant mainly to raise revenue.

The justices probably will hear oral arguments later this year.

A Butler County judge ordered the village of New Miami last month to stop using cameras for
enforcement of speed limits. That followed a Hamilton County judge’s order that the Cincinnati-area
village of Elmwood Place turn off its speeding cameras.

Mallory said a bill the House passed against cameras last year is moving “at a turtle’s pace” in
the Senate. Instead of a ban, final legislation probably will allow camera enforcement in school
zones and possible other uses with conditions, he said.

“This whole process is unconstitutional and it goes on every day,” he said.